Amnesty International is deeply concerned about President Yahya Jammeh’s recent
instructions to the security forces, including the Inspector General of Police,
staff from the Ministry of Defense and other security forces to “shoot first
and ask questions later” in an attempt to rid the country of “armed robbers”.

Amnesty
International is calling on President Jammeh to immediately announce that the
use of lethal force is only allowed when strictly unavoidable in order to
protect life. The President must ensure that the security forces carry out
their duties in compliance with the Gambia’s international human rights
obligations and international standards on the use of force and firearms.

The
organization is concerned that such orders to shoot “armed robbers” is a
violation of the Gambia’s international human rights obligations. Even if they
are accompanied by instructions restricting when police may shoot to kill,
it may give the police the message that it is acceptable to use
lethal force as a first resort. In any case, the use of firearms should be
regarded as potentially lethal in all circumstances, and firing at a suspect,
regardless of where an officer aims, can result in death.

Lethal
force must only ever be used as a last resort to protect life and only
when less extreme measures are inadequate.

On
22 May 2012 at the State House in Banjul, President Jammeh launched what he
called “Operation Bulldozer” to rid the country of all criminals, including “drug
dealing, pedophiles, homosexuals, murderers, drug traffickers, human
traffickers, 419 (internet fraud)…”. The Operation will see the creation of
permanent task force to begin its mandate on 28 May 2012. According to the
Inspector General of Police, the Operation has not yet been implemented.

Amnesty
International is warning that President Jammeh’s proposed hard-handed crackdown
on criminal activity will lead to human rights violations. Amnesty International
has documented many incidences of human rights violations within the criminal
justice system in the Gambia, including enforced disappearances, extrajudicial
executions and unfair trials. In 2011, the organization found that human rights
violations were carried out by the National Intelligence Agency (NIA), the
police and the army. Detainees were rarely informed of their rights or the
reason for their arrest or detention and were often held for more than 72 hours
without charge, in violation of the Constitution. Torture continued to be used
routinely to extract confessions and as punishment.

The
police and other security forces have a duty to protect lives and property and
uphold the rule of law. They must do so in a professional and responsible
manner that promotes and protects human rights of all individuals, including
the rights of criminals and alleged criminals.

Background
Information:

Amnesty
International is also deeply concerned that the Gambia’s Constitution provides
much wider grounds for the use of lethal force than is permissible under
international law and standards. Article 18 of the Gambian Constitution allows
for “reasonably justifiable” use of force in “defence of property,” to “effect
lawful arrest or prevent the escape of a lawfully detained” person, “riot,
insurrection of mutiny” and to prevent “criminal offence(s).” The Constitution
is impermissibly broad and has a more lenient standard of necessity than what
is required by international standards.

The Constitution also does not include
a protection clause specifying that the use of force by security forces must
only be used as a last resort in order to protect life, giving the security
forces carte blanche to shoot at will. For example, the Constitution does not
require the existence of an imminent or grave threat of death or serious
injury, giving security forces permission to use force even in a minor offence
against property.

The
UN Basic Principles on the Use of Force and Firearms by Law Enforcement
Officials make clear that firearms cannot be used unless certain additional
requirements are met, including as a preliminary matter that there exists a
grave or imminent threat of death or serious injury. While the use of force and
firearms may sometimes be permissible when making an arrest or preventing a
person from escaping, every effort should be made to exclude the use of
firearms. All law enforcement agencies should be guided at all times by the
principles of necessity and proportionality when using force.

Any
use of force or firearms resulting in death or injury should be investigated to
ensure that the use of force was not arbitrary or abusive. The investigations
must include commanding officers and officials with chain-of-command
responsibility. Those suspected to be involved should be suspended from duty
pending the investigation.

The
Gambia is a state party to the International Covenant on Civil and Political
Rights and the African Charter on Human and Peoples’ Rights, guaranteeing the
right to life; freedom from torture or cruel, inhuman and degrading treatment;
freedom from arbitrary arrest and detention; and the right to a fair trial,
including presumption of innocence, access to lawyers and interpreters, freedom
from undue delays and exclusion of any evidence obtained as a result of
torture.

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